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FW: City Attorneys Cheat Injured Worker

SUNBEAMTIMES.COM published a new post entitled "City Attorneys Attempt to Divert Attention from their Incompetence and Failed Attempt to Deny City Worker Benefits." on 3/14/2013 10:08:51 PM, written by Dr. David McKalip.

City Attorneys Attempt to Divert Attention from their Incompetence and Failed Attempt to Deny City Worker Benefits.

The truth finally comes out. Today the Tampa Bay Times reported that the City Staff, with the endorsement of elected officials, decided not to send city workers to see me as a neurosurgeon. They have decided that it is best to withhold choices from city workers based on politics. But it is not the politics of me seeking to be elected to the St. Petersburg City Council – it is the politics of the city attorney and certain staff members wanting to divert attention from their incompetence and low integrity. The City Attorney’s have been working overtime and wasting taxpayer money ($150,000) to avoid paying a courageous firefighter with 30 years of service the workers compensation benefits he clearly deserved. Even without divulging any of the private information in our patient-physician relationship, the facts speak for themselves.

Tonight on the commentary section of the Tampa Bay Times story, the wife of Bradley Westphal, Dawn Westphal, offered that the city was looking to make a scapegoat out of me to avoid taking responsibility for their actions.

Dawn Westphal47 minutes ago

The mayor and workers comp. is using Dr. Mckalip as an excuse as why they did not pay Brad Westphal his workers comp benefits. Thier own hired expert when asked directly by the judged stated he cannot work and is not employable. But used the wording used by Mckalib that he could not give a rating or (#) at this time beacuse it was too soon after his last surgery to give(. But it didnt mean in any way that he was capable to return to work ever ) but that gave the city a way out of paying a seriously injurued worker his benifits. But have paid over $150.000 in legal fees that I know of.

To use my medical opinions obviously out of context in a court case that the state lost is unacceptable - especially when those same attorneys NEVER asked my expert opinion for the case. Note that Mrs. Westphal stated the attorney’s used language the I could not give a rating “at this time”. If all the facts were divulged in this case, it would be obvious that I was working to protect the interests of my patient while the attorney’s and the city were looking to avoid paying him benefits. To then divert attention away from their own failed legal case and loss of $150,000 in legal fees that should never have been spent is outrageous. The attorneys handled the case so badly it even led to a partial overturning of state workers compensation law as “unconstitutional” by the State Supreme Court. Finally, the attorney’s ignored obvious evidence that the city had that Mr. Westphal clearly deserved his benefits. Ultimately even the city recognized their folly and awarded the benefits – after much delay and much hardship on Mr. Westphal and waste of taxpayer dollars. Just outrageous.

The city has claimed that I have a conflict of interest that prevents me from seeing their workers. All they have done is denied all possible medical options to their workers – another disservice to its employees to advance their political agenda and hide from the truth. In addition, they have denied access to a doctor, myself, who has a history of telling the workers compensation benefit managers that they must provide all x-rays, tests and treatments I felt the patient needed. Even if the city would prefer not to pay for it. There is no conflict of interest on my part. My interest is ALWAYS with my patients and every doctor in this town will tell you that.

This is a prime example of why I am running for City Council St. Petersburg. The political class wasted taxpayer money. They make bad decisions. Worst of all they promised benefits to city workers that they know they can’t afford and then try to avoid paying the benefits! Then to add insult to injury, a politician (Karl Nurse) who endorsed another candidate in the race on this very day is published in the newspaper the same day stating that “it does seem like a conflict of interest”. So there you have it, the political class protecting their own and abusing their position to produce the political results they want.

It is clearly time for new leadership in City Council and for a new set of attorneys working for the taxpayers.